WATER SAFETY ACT SEPTEMBER 2019 through AUGUST 2021 - Texas.gov
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WATER SAFETY ACT SEPTEMBER 2019 through AUGUST 2021
TEXAS GAME WARDENS
Since 1895, Texas Game Wardens have continued to serve the citizens of Texas
by providing professional law enforcement, search and rescue, and water safety
while working to conserve and protect the natural resource of Texas.
MARINE SAFETY ENFORCEMENT OFFICER PROGRAM
In order to enforce the provisions of this code or any ordinances adopted under it a Peace Officer
MUST be certified as a Marine Safety Enforcement Officer.
• MSEO classes are held on a as needed basis throughout the state. In order to request a
course please contact the Marine Enforcement Section via phone at (512) 389-4850 or by
email at le.marine@tpwd.texas.gov.
• Prior to attending the MSEO course each student MUST complete and show proof of Boater
Education.
• Class consists of a minimum 8 hours of TCOLE credited class instruction in the provision of
this code and relative excerpts from other state and federal codes.
• For operational training the Department would encourage officers to seek National
Association of State Boating Law Administrator’s (NASBLA) Boat Operations and Training
Courses (BOAT) which are nationally recognized as the uniform standard of training and
operation across the nation.
VESSEL ACCIDENT REPORTING REQUIREMENTS AND
OPEN WATER DROWNING REPORTING REQUIREMENTS
• All incidents in which a vessel is involved and includes injuries beyond first aid, damage
to property greater than $2,000 or fatalities must be reported by the investigating officer
to the Texas Parks and Wildlife Department within 15 days on the Boating Accident
Investigation & Boating Related Water Fatality Report Form PWD-1303 which can be found
on the Game Warden Page under forms at www.tpwd.texas.gov/warden/forms. Reports
may be electronically submitted to the Department on the prescribed form, emailed to
le.marine@tpwd.texas.gov.
• All open water fatalities where a vessel was not involved in any way must also be reported
to the Department within 15 days on the Water Fatality Report Form PWD-0060 which can
be found on the Game Warden Page under forms at www.tpwd.texas.gov/warden/forms.Required Safety Equipment
MANUALLY
POWERBOATS SAILBOATS PROPELLED
REQUIRED EQUIPMENT (Including electric motors) (If any type of propulsion) (No motor
or sail)
Canoes, punts, rowboats,
Less than 16' in length
Less than 16' in length
Find the column to the right which applies
sculls, kayaks and other
sailboats, rubber rafts,
16' but less than 26'
26' but less than 40'
40' but less than 65'
16' but less than 26'
26' but less than 40'
40' but less than 65'
to your vessel. A dot in that column indi-
racing shells, rowing
Personal Watercraft
cates a specific applicable requirement.
A letter indicates either a specific
paddle craft
exception to the requirement or specific
(Class 1)
(Class 2)
(Class 3)
(Class 1)
(Class 2)
(Class 3)
(Class A)
(Class A)
additional requirements for the associated
equipment.
TITLE • • • • • A • • • A
REGISTRATION NUMBERS • • • • • A • • • A
One Type I, II, III or Type
PERSONAL V wearable device for B C C • • C C • • C
each person on board.
FLOTATION
One additional Type IV
DEVICES PFD (throwable device) • • • • • •
on board.
One type B-1. • D D
Two types B-1 or one
FIRE •
EXTINGUISHERS type B-2.
Three types B-1 or one
B-2 plus one B-1. •
Federal waters and
VISUAL waters under USCG E • • • E • • • E
DISTRESS authority.
SIGNALS Inland waters under
State authority.
Whistle or horn, or some
SOUND other sound producing • • • •
PRODUCING device.
DEVICES Whistle and a bell. •
Red and green side
lights, white masthead •
light and stern light.
LIGHTS Red and green side
lights and white all- • • •
round white light.
Red and green side
lights and stern light. F F • • F
VENTILATION • G G G G
BACKFIRE FLAME ARRESTOR • H H H H
EXHAUST WATER MANIFOLD • • • • •
ENGINE CUT-OFF SWITCH LANYARD
MIRRORS J J J J J
A Does not apply to: canoes, kayaks, punts, rowboats, rubber rafts (regardless of length) or other vessels under 14 feet
in length when paddled, poled, oared, or windblown.
B PFDs MUST be properly worn by all occupants.
C Passengers under 13 years of age must wear a Type I, II, or Type III wearable PFD while underway on vessels less than
26 feet in length.
D Fire extinguishers not required on outboard motorboats less than 26 feet in length, of “open construction” with no
permanently mounted gas tanks.
E Visual distress signals not required on boats under 16 feet in length, unless operated between sunset and sunrise.
F If sidelights and stern light are not practical, it must have and exhibit at least one bright light, lantern, or flashlight
from sunset to sunrise in all weather.
G Applies to all vessels, except a vessel of “open construction,” using as fuel any liquid of a volatile nature.
H Backfire flame arrestor not required for outboard motors.
If equipped, cut-off switch or lanyard must be attached to operator, operator’s clothing, or operator’s PFD at all times
when a PWC is underway, and at greater-than headway speed for all other motoroboats other than a PWC.
J Rearview mirror of a size no less than four inches in width and height must be present when towing a person unless
an observer, other than the operator, 13 years of age or older is present onboard and acting in that capacity.TABLE OF CONTENTS
CHAPTER 31 PARKS & WILDLIFE CODE
General Provisions and Definitions................................................................................ 1
Numbering.................................................................................................................... 3
Certificates of Title......................................................................................................... 12
Equipment.................................................................................................................... 18
Boating Regulations...................................................................................................... 22
Enforcement and Penalties............................................................................................ 28
Water Facilities.............................................................................................................. 32
Party Boats................................................................................................................... 33
TITLE 31 TEXAS ADMINISTRATIVE CODE...................................................................................... 36
CHAPTER 12 PARKS & WILDLIFE CODE, Punishments................................................................. 52
CHAPTER 49 AND 38 PENAL CODE............................................................................................ 53
33 USC 83, Inland Navigation Rules.......................................................................................... 56
33 CFR 175, (Federal) Equipment Requirements....................................................................... 74
46 CFR 25, Fire Extinguisher Requirements............................................................................... 78
ALR Process............................................................................................................................... 82
Marine Theft/Fraud References.................................................................................................. 83
EFFECTIVE DATES
September 2019 through August 2021ABBREVIATIONS: ALR Administrative License Revocation BAC Blood Alcohol Content BWI Boating While Intoxicated CFR Code of Federal Regulations DPS Department of Public Safety DUI Driving Under the Influence DWI Driving While Intoxicated GLO General Land Office PFD Personal Flotation Device or Life Jacket PWC Parks & Wildlife Code TCEQ Texas Commission on Environmental Quality TCOLE Texas Commission on Law Enforcement TPWD Texas Parks and Wildlife Department USC United States Code USCG United States Coast Guard ONLINE RESOURCES: TPWD General Boating Information www.tpwd.texas.gov/fishboat/ Texas Administrative Code www.sos.state.tx.us/tac/index.shtml Texas Penal Code – Chapter 49. Intoxication and Alcoholic Beverage Offenses www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.49.htm United States Code Title 31 – Chapter 34. Inland Navigational Rules (33 USC 34) www.law.cornell.edu/uscode/33/usc_sup_01_33_10_34.html Code of Federal Regulations, Title 46 Part 25 – Requirements www.access.gpo.gov/nara/cfr/waisidx_08/46cfr25_08.html Texas Transportation Code and Texas Code of Criminal Procedure www.statutes.legis.state.tx.us U.S. Coast Guard – Boating Safety www.uscgboating.org Texas Commission on Environmental Quality – Vessel Compliance/Boat Sewage Program www.tceq.texas.gov/field/cleanwatercert/boatsdisposalrule.html
TEXAS PARKS AND WILDLIFE LAWS
DEFINITIONS
PARKS AND WILDLIFE CODE
TITLE 4. WATER SAFETY
CHAPTER 31. WATER SAFETY
SUBCHAPTER A. GENERAL PROVISIONS
§ 31.001. Title
This chapter may be cited as the Water Safety Act.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 31.002. State Policy
It is the duty of this state to promote recreational water safety for persons and property in and
connected with the use of all recreational water facilities in the state, to promote safety in the
operation and equipment of facilities, and to promote uniformity of laws relating to water safety.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 31.003. Definitions
In this chapter:
(1) “Boat” means a vessel not more than 65 feet in length, measured from the tip of the
bow in a straight line to the stern.
(2) “Vessel” means any watercraft, other than a seaplane on water, used or capable of being
used for transportation on water.
(3) “Motorboat” means any vessel propelled or designed to be propelled by machinery,
whether or not the machinery is permanently or temporarily affixed or is the principal source of
propulsion.
(4) “Owner” means the person who rightfully claims lawful possession of a vessel by virtue of
the legal title or an equitable interest.
(5) “Water of this state” means any public water within the territorial limits of this state.
(6) “Operate” means to navigate or otherwise use a motorboat or a vessel.
(7) “Dealer” means a person engaged in the business of buying, selling, selling on
consignment, displaying for sale, or exchanging at least five vessels, motorboats, or outboard
motors during a calendar year.
(8) “Vessel livery” means a business establishment engaged in renting or hiring out vessels
for profit.
(9) Repealed by Acts 1997, 75th Leg., ch. 1363, § 12, eff. Sept. 1, 1997.
(10) “Reasonable time” means 15 days.
(11) “Manufacturer” means a person engaged in the business of manufacturing new and
unused vessels and outboard motors for the purpose of sale or trade.
(12) “New” means every vessel or outboard motor after its manufacture and before its sale or
other transfer to a person not a manufacturer or dealer.
(13) “Outboard motor” means any self-contained internal combustion propulsion system,
excluding fuel supply, which is used to propel a vessel and which is detachable as a unit from
the vessel.
(14) “Personal watercraft” means a type of motorboat that is specifically designed to be
operated by a person or persons sitting, standing, or kneeling on the vessel rather than in the
conventional manner of sitting or standing inside the vessel.
(15) “Authorized agent” means a dealer who is authorized by the department under Section
31.006 of this code to collect taxes and fees and issue certificates of number.
Texas Water Safety Act | September 2019 – August 2021 1(16) “Distributor” means a person who offers for sale, sells, or processes for distribution new
DEFINITIONS
vessels or outboard motors to dealers in this state.
(17) “Coast Guard” means the United States Coast Guard.
(18) “Abandoned vessel or outboard motor” means a vessel or outboard motor that has
remained on private property without the consent of the owner or person in charge of the
property for more than seven consecutive days.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1977, 65th Leg., p. 1252,
ch. 484, § 1(a), (b), eff. Sept. 1, 1977; Acts 1989, 71st Leg., ch. 571, § 1, eff. Sept. 1, 1989; Acts 1993,
73rd Leg., ch. 718, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 450, § 1, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 739, § 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, § 26.01, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1256, § 21, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1363, § 1, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 1133, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 108, § 1, eff. Sept. 1,
2005; Acts 2011, 82nd Leg., ch. 1127, 1, eff. Sept. 1, 2011; 83rd Leg., ch. 286, eff. Sept. 1, 2013; 86th
Leg., ch.___, eff. Sept. 1, 2019.
§ 31.004. Application of Chapter
The provisions of this chapter apply to all public water of this state and to all vessels on public
water. Privately owned water is not subject to the provisions of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1997, 75th Leg., ch. 1256,
§ 22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1363, § 2, eff. Sept. 1, 1997.
§ 31.005. Contracts With Federal Government
(a) The department may apply to any appropriate agency or officer of the United States
for participation in or the receipt of aid from any federal program relating to water safety,
including:
(1) the acquisition, maintenance and operating costs of facilities;
(2) purchase of equipment and supplies;
(3) personnel salaries; and
(4) other federally approved reimbursable expenses, including personnel training costs,
public boat safety and education costs and general administrative and enforcement costs.
(b) The department may contract with the United States in order to comply with all
necessary requirements for the receipt of funds made available under any federal legislation.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 31.006. Appointment of Authorized Agent
(a) The department may authorize a dealer who holds a dealer’s or manufacturer’s number
to act as the agent of the department under Subchapter B and under Chapter 160, Tax Code, for
the issuance of certificates of number and the collection of fees and taxes for vessels and
outboard motors sold by that dealer.
(b) An authorized agent must follow the rules of the commission and the rules of the
comptroller.
(c) An authorized agent shall send the applications required by Sections 31.024 and
31.047 of this code, the fees required by Sections 31.026 and 31.048 of this code and the tax
paid under Chapter 160, Tax Code, to the department not later than 20 days after the date a
certificate of number is issued and a fee or tax collected.
(d) An authorized agent shall execute a surety bond in an amount set by the department
to insure against loss to the department of fees and taxes. The bond shall be in favor of the
department.
(e) The department may cancel the authorization of an agent on 30 days’ written notice of
the agent’s violation of this chapter, a department rule adopted under this chapter, Chapter 160,
2 September 2019 – August 2021 | Texas Water Safety ActTax Code, or a rule adopted by the comptroller under that chapter.
(f) The commission may adopt rules for the creation of a program for the continuing
identification and classification of participants in the vessel and outboard motor industries doing
business in this state. The commission may set fees to administer this subsection. The
department shall use information from the program to appoint agents under this section or for
any other purpose required by the commission’s rules or this chapter.
NUMBERING
Added by Acts 1993, 73rd Leg., ch. 718, § 2, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 968,
§ 35, eff. Sept. 1, 2001; 86th Leg, ch.___ eff. Sept. 1, 2019.
SUBCHAPTER B. IDENTIFICATION OF VESSELS; REQUIRED NUMBERING
§ 31.021. Required Numbering
(a) Each vessel on the water of this state shall be numbered in accordance with the
provisions of this chapter unless specifically exempted. The numbering system shall be in accord
with the Federal Boating Act of 1958 and subsequent federal legislation.
(b) No person may operate or give permission for the operation of any vessel or may dock,
moor, or store a vessel owned by the person on the water of this state unless:
(1) the vessel is numbered as required by this chapter;
(2) the certificate of number awarded to the vessel is in full force and effect; and
(3) the identifying number set forth in the certificate is properly displayed on the vessel
as required by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 450,
§ 3, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, § 23, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
1363, § 3, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 200, § 8(c), eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 1133, § 3, eff. Sept. 1, 2003; 83rd Leg., ch. 1388, eff. Sept. 1, 2013.
§ 31.022. Exemptions From Required Numbering
(a) A vessel is not required to be numbered under the provisions of this chapter if it is:
(1) operated within this state for a period not exceeding 90 consecutive days and is covered
by a number in full force and effect which has been awarded under federal law or a federally
approved numbering system of another state;
(2) from a country other than the United States temporarily using the water of this state;
(3) owned by the United States, a state, or a subdivision of a state; or
(4) a ship’s lifeboat.
(b) The department may exempt from numbering a class of vessels if it finds that the
numbering of the vessels of that class will not materially aid in their identification. The
department may also exempt a vessel if it finds that it belongs to a class of vessels that would
be exempt from numbering under a numbering system of an agency of the federal government if
it were subject to federal law.
(c) All canoes, kayaks, punts, rowboats, rubber rafts or other vessels under 14 feet in
length when paddled, poled, oared or windblown are exempt from the numbering provisions of
this chapter.
(d) A vessel in use at a water ski tournament, competition or exhibition sanctioned in
writing by the governing board of the governmental entity that has jurisdiction over the body of
water on which the tournament, competition or exhibition occurs is exempt from the numbering
provisions of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1989, 71st Leg., ch. 543,
§ 1, eff. June 14, 1989; Acts 1993, 73rd Leg., ch. 450, § 4, eff. Sept. 1, 1993.
Texas Water Safety Act | September 2019 – August 2021 3§ 31.023. Vessels Numbered Under Federal or Other State Law
The owner of any vessel for which a current certificate of number has been awarded under any
federal law or a federally approved numbering system of another state shall, if the vessel is
operated on the water of this state in excess of 90 consecutive days, make application for a
certificate of number in the manner prescribed in this chapter for residents of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 450,
NUMBERING
§ 5, eff. Sept. 1, 1993.
§ 31.024. Application for Number
(a) The owner of each vessel requiring numbering by this state shall file an application for
a number with the department, an authorized agent, or a county tax assessor-collector.
(b) The application shall be signed by the owner of the vessel and shall be accompanied
by the fee prescribed in Section 31.026 of this code. If the application is received by a county
tax assessor-collector, the application and the portion of the fee not retained by the tax assessor-
collector as a collection fee shall be sent to the department. If the application is received by an
authorized agent, the application and the fee shall be sent to the department as required by
Section 31.006 of this code.
(c) On receipt of the application in approved form, the department shall enter it on the
records of its office and issue to the applicant a certificate of number stating the number
awarded to the vessel and the name and address of the owner.
(d) The application form, the form of the certificate of number, and the manner of renewal
shall be prescribed by the department.
(e) The department, an authorized agent or a county tax assessor-collector may not issue
a certificate of number unless the tax due on the vessel under Chapter 160, Tax Code, is paid.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 1352,
ch. 607, § 1, eff. Aug. 27, 1979. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 7.04, eff. Oct. 1, 1991;
Acts 1993, 73rd Leg., ch. 450, § 6, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 718, § 3, eff. Sept. 1, 1993.
§ 31.025. Renewal of Certificates of Number
(a) An application for the renewal of each certificate of number shall be prepared by the
department and mailed to the owner of the vessel, or sent electronically to the owner if the owner
has agreed to receive department communications electronically, during the period of the last 90
days before the expiration date of the certificate. The same number shall be issued on renewal.
(b) The completed application for renewal may be returned to the department, to any
county tax assessor-collector, or if permitted by the department, to an agent of the department.
(c) A completed application [Applications] not received during the 90-day period shall be
treated in the same manner as an original application [applications].
(d) The department, an authorized agent, or a county tax assessor-collector may not issue
a renewal certificate of number unless the tax due on the vessel under Chapter 160, Tax Code, is
paid.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 1353,
ch. 607, § 2, eff. Aug. 27, 1979.
§ 31.026. Fees
(a) Each application for an original or renewal certificate of number for a vessel shall be
accompanied by a two-year fee determined by the following classification schedule or determined
in the same classifications by the commission, whichever amount is more:
4 September 2019 – August 2021 | Texas Water Safety ActClass Description of Vessel Present Fee
Class A less than 16 feet in length $32
Class 1 16 feet or over and less than 26 feet in length $53
Class 2 26 feet or over and less than 40 feet in length $110
NUMBERING
Class 3 40 feet or more in length $150
(b) The fee for a vessel less than 16 feet in length owned by a vessel livery and used for
rental purposes is $6 for each original and renewal application for a certificate of number or an
amount set by the commission ($32), whichever amount is more.
(c) Owners of newly purchased vessels or other vessels not previously operated in this
state shall pay the full registration fee.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 1326,
ch. 277, § 1, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 1, eff. Sept. 1, 1985; Acts 1993,
73rd Leg., ch. 450, § 7, eff. Sept. 1, 1993.
§ 31.028. Certificate of Number
The certificate of number shall be pocket-size. The certificate or a facsimile of it shall be
carried on board the vessel at all times. It does not have to be on the person of the operator if
prior to trial the operator can produce for examination a valid certificate of number.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 31.029. Term of Certificate of Number
Every certificate of number awarded pursuant to this chapter shall continue in full force and
effect for a period of two years unless sooner terminated or discontinued in accordance with the
provisions of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 31.030. Duplicate Certificates and Decals
(a) If a certificate of number becomes lost, mutilated, or illegible, the owner of the vessel
for which the certificate was issued may obtain a duplicate on application to the department and
the payment of a fee of $2 or an amount set by the commission ($11), whichever amount is more.
(b) If a registration decal becomes lost, mutilated, or illegible, the owner of the vessel for
which the decal was issued may obtain a replacement decal on application to the department
and the payment of a fee of $2 or an amount set by the commission ($22 – $11 for the decal;
$11 for matching certificate of number card), whichever amount is more.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1977, 65th Leg., p. 1275,
ch. 497, § 1, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 1327, ch. 277, § 2, eff. Sept. 1, 1983; Acts 1985,
69th Leg., ch. 267, art. 2, § 2, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 450, § 7, eff. Sept. 1, 1993.
§ 31.031. Numbering Pattern
(a) The numbering pattern used consists of the prefix “TX” followed by a combination of
exactly four numerals and further followed by a suffix of two letters. The group of numerals
appearing between the letters shall be separated from the letters by hyphens or equivalent spaces.
(b) All basic numbers of each series shall begin with 1000. TX-1000-AA through TX-9999-
AA will be allotted to dealers and manufacturers. TX-1000-AB through TX-9999-ZZ will be allotted
to all other vessel owners and livery operators.
(c) The letters “G”, “I”, “O”, and “Q” shall be omitted from all letter sequences.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 450,
§ 8, eff. Sept. 1, 1993.
Texas Water Safety Act | September 2019 – August 2021 5§ 31.032. Numbering Location and Visibility; Exemption; Decal
(a) The owner of a vessel shall paint on or attach to each side of the forward half of the
vessel the identification number and a registration decal in the manner prescribed by the
department. The number shall read from left to right and shall be of block characters of good
proportion of not less than three inches in height. The numbers shall be of a color which will
contrast with the hull material of the vessel and so maintained as to be clearly visible and
NUMBERING
legible.
(1) On a vessel configured so that a number on the hull or superstructure is not easily
visible, the number must be painted on or attached to a backing plate that is attached to the
forward half of the vessel so that the number is visible from each side of the vessel.
(b) The owner of a vessel required to be numbered under this subchapter and
documented by the United States Coast Guard is not required to attach an identification number
as required by Subsection (a).
(c) The commission shall adopt rules for the placement of the registration decal in an
alternate location for antique boats. In this subsection, “antique boat” means a boat that:
(1) is used primarily for recreational purposes; and
(2) was manufactured 35 or more years before the date the registration decal is issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 450,
§ 9, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 1133, § 4, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch.
193, § 1, eff. Sept. 1, 2005; 83rd Leg., Ch.___, eff. Sept. 1, 2013.
§ 31.033. Unauthorized Numbers Prohibited
(a) No person may paint, attach, or otherwise display on the forward half of a vessel a
number other than the number awarded to the vessel or granted reciprocity under this chapter.
(b) No person may deface or alter the certificate of number or the number assigned to
and appearing on a vessel.
(c) No Person may display on a vessel a registration decal that is altered, fraudulent, or
issued under a certificate of number assigned to another vessel.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 450,
§ 9, eff. Sept. 1, 1993; 83rd Leg., Ch.___, eff. Sept. 1, 2013.
§ 31.034. Issuance of Numbers by Department or Authorized Agent
(a) The department may award a certificate of number.
(b) A certificate of number issued and delivered by an authorized agent in conformity with
this chapter and the rules of the commission adopted under this chapter is valid as if awarded
by the department directly.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1991, 72nd Leg., 1st C.S.,
ch. 5, § 7.05, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 718, § 4, eff. Sept. 1, 1993.
§ 31.0341. Issuance of Numbers: County Tax Assessor-Collector
(a) Each county tax assessor-collector shall award certificates of number under this
chapter in the manner prescribed by this chapter and the regulations of the department.
(b) The county tax assessor-collector is entitled to a fee of 10 percent of the amount of
the fee for each certificate. The amount retained by the tax assessor-collector shall be deposited
to the credit of the officers salary fund of the county to be used for the sole purpose of paying
the salaries of persons issuing vessel certificates of number.
Added by Acts 1979, 66th Leg., p. 1353, ch. 607, § 3, eff. Aug. 27, 1979. Amended by Acts 1993, 73rd Leg.,
ch. 450, § 10, eff. Sept. 1, 1993; 83rd Leg., Ch.___, eff. Sept. 1, 2013..
6 September 2019 – August 2021 | Texas Water Safety Act§ 31.035. Rules and Regulations; Copies
Copies of all rules and regulations formulated under this chapter shall be furnished without
cost with each certificate of number issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 31.036. Proof of Ownership
NUMBERING
(a) A certificate of title is required as proof of ownership of a vessel for which a certificate
of number is sought.
(b) A certified statement of ownership is sufficient proof of ownership for a vessel of a
type for which a certificate of title is not required.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1977, 65th Leg., p. 1253,
ch. 484, § 1(c), eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 450, § 11, eff. Sept. 1, 1993.
§ 31.037. Change in Ownership Interest; Notice to Department
(a) The recorded owner of a vessel numbered in this state shall notify the department not
later than the 20th day after the date:
(1) [within a reasonable time] of the transfer by sale, donation, gift, or other means of all
or any part of the owner’s [his] interest in the vessel, other than the creation of a security interest
in the vessel;
(2) [, or] of the destruction or disposal [abandonment] of the vessel; or
(3) of the permanent removal of the vessel from this state to another state or country.
(a-1) The notification under Subsection (a) must be on a form prescribed by the department
that includes:
(1) the name and address of the new owner, as applicable; and
(2) the vessel’s certificate of number [notice shall be accompanied by a surrender of the
certificate of number].
(b) If the vessel is destroyed, disposed of, or permanently moved to another state or
country [abandoned], the department shall cancel the certificate of number and enter the
cancellation in its records.
(c) The new owner [purchaser] of a vessel shall, not later than the 45th day after the date
ownership was transferred, submit an application to the department with:
(1) [present] evidence of [his] ownership;
(2) the new owner’s [to the department within a reasonable time along with his] name
and [,] address;
(3) [, and] the number of the vessel; and
(4) [shall at the same time pay to the department] a fee of $2 or an amount set by the
commission, whichever amount is more.
(d) On receipt of the new owner’s application and fee the department shall transfer the
certificate of number issued for the vessel to the new owner. Unless the application is made and
the fee is paid on [within a reasonable] time, the vessel is without a certificate of number, and it
is unlawful for any person to operate the vessel until the certificate is issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg.,
p. 1327, ch. 277, § 3, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 3, eff. Sept. 1, 1985.
Amended by Acts 1993, 73rd Leg., ch. 450, § 11, eff. Sept. 1, 1993; 86th Leg, ch.___ eff. Sept. 1, 2019.
§ 31.038. Change of Address; Notice to Department
(a) The holder of a certificate of number shall notify the department within a reasonable
time if his address no longer conforms to the address appearing on the certificate and shall
inform the department of his new address.
(b) The department may provide in its regulations for the surrender of the certificate
Texas Water Safety Act | September 2019 – August 2021 7bearing the former address and its replacement with a certificate bearing the new address or for
the alteration of the outstanding certificate to show the new address of the holder. Changes of
address shall be noted on the records of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 31.039. Public Records; Fees
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(a) Except as provided by subsection (c), all ownership records of the department made or
kept under this chapter are public records.
(b) The commission may by rule charge a fee for access to ownership records and other
records made or kept under this chapter.
(c) An owner identifier as prescribed by 33 C.F.R. Section 174.17 is not a public record.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 2003, 78th Leg.,
ch. 200, § 8(e), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, § 5, eff. Sept. 1, 2003.
§ 31.0391. Release of Information
(a) The department or a county may not release the name or address of a person
recorded in the department vessel and outboard motor ownership records unless the department
or county receives a written request that:
(1) contains the requester’s name and address; and
(2) states that the use of the information is for a lawful purpose.
(b) This section does not apply to the release of information to:
(1) a peace officer as defined by Article 2.12, Code of Criminal Procedure, who is acting
in an official capacity; or
(2) a state official or an official of a political subdivision of this state who requests the
information for tax purposes.
Added by Acts 1995, 74th Leg., ch. 845, § 1, eff. Sept. 1, 1995.
§ 31.040. Vessel Liveries
(a) Before the vessel is rented or let for hire, the owner or operator of a vessel livery shall
obtain a certificate of number for a vessel being used as a motorboat prior to being rented.
(b) The application for the certificate of number under Section 31.024 or for a certificate
of title under Section 31.046 must state that the applicant is a vessel livery within the meaning
of this chapter.
(c) The owner of a vessel livery shall keep a record of the name and address of the
persons hiring any vessel operated as a motorboat, the vessel’s certificate of number, the time
and date of departure, and the expected time of return. The record shall be kept for six months.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 450,
§ 11, eff. Sept. 1, 1993; 83rd Leg., Ch.___, eff. Sept. 1, 2013.
§ 31.041. Duties of Dealer’s, Distributor’s, and Manufacturer’s; License Required
(a) A person may not engage in business in this state as a dealer, distributor, or
manufacturer unless the person holds a license issued under this section and enters into a
license agreement with the department. A dealer must have a license for each place of business
owned and operated by the person.
(b) The commission shall establish the form and manner for display of a license issued
under this section.
(c) The department shall issue a dealer, distributor, or manufacturer number to each
dealer, distributor, or manufacturer licensed under this section in the manner provided by Section
31.031(b).
8 September 2019 – August 2021 | Texas Water Safety Act(d) A dealer, distributor, or manufacturer of vessels in this state may use the dealer’s,
distributor’s, or manufacturer’s number for vessels the dealer, distributor, or manufacturer wishes
to show, demonstrate, or test on the water of this state instead of securing a certificate of
number for each vessel. The number shall be attached to any vessel that the dealer, distributor,
or manufacturer sends temporarily on the water. For purposes of this subsection, “show,
demonstrate, or test” does not include the use of a vessel for recreational purposes or for
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participation in a contest or event. The commission, however, may establish rules concerning the
issuance and price of validation cards permitting the limited and temporary use of vessels for
recreational purposes or participation in contests or events. Any fees collected by the
department under the subsection shall be deposited in the game, fish, and water safety account
established under Section 11.032. (1 decal set and card provided at no cost with each license,
additional validation decal/card sets – $126)
(e) The application for a license under this section must state that the applicant is a
dealer, distributor, or manufacturer within the meaning of this chapter, and the facts stated on the
application must be sworn before an officer authorized to administer oaths. An application
submitted by a dealer must be accompanied by photographs of the business sufficient to show
any sign the business is required to display and the extent of the space the business is required to
maintain. The application must also be accompanied by a copy of the tax permit of the dealer,
distributor, or manufacturer issued by the comptroller under Chapter 151, Tax Code, if the dealer,
distributor, or manufacturer has a tax permit. The two-year fee for a dealer’s, distributor’s, or
manufacturer’s number is $500. A license may not be issued until the provisions of this section
have been satisfied.
(f) A dealer, distributor, or manufacturer holding a dealer’s, distributor’s, or manufacturer’s
license may issue a reasonable temporary facsimile of the number issued under Subsection (c),
which may be used by any authorized person. The form of the facsimile and the manner of
display of the number shall be prescribed by the department.
(g) A dealer, distributor, or manufacturer holding a dealer’s, distributor’s, or manufacturer’s
license may transfer a certificate of number or a certificate of title to a vessel or outboard motor
without securing a certificate of number or certificate of title in the dealer’s, distributor’s, or
manufacturer’s name if the vessel or outboard motor is sold in the normal course of the dealer’s,
distributor’s, or manufacturer’s business.
(h) Not later than the 45th day after a dealer, distributor, or manufacturer holding a
dealer’s, distributor’s, or manufacturer’s license sells at the first or a subsequent sale a vessel or
outboard motor, the dealer, distributor, or manufacturer shall apply, in the name of the purchaser
of the vessel or outboard motor, for a certificate of number or a certificate of title for the vessel or
outboard motor, as applicable, and file with the department each document necessary to transfer
the certificate of number or certificate of title.
(i) A person purchasing a vessel may use the temporary facsimile number issued under
Subsection (f) for a period not to exceed 45 days from the date the dealer, distributor, or
manufacturer applies for a certificate of number or a certificate of title under Subsection (h). The
person shall retain the facsimile number on the vessel for the period described by this
subsection.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 1328,
ch. 277, § 4, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 4, eff. Sept. 1, 1985; Acts 1993,
73rd Leg., ch. 450, § 12, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 587, § 36, eff. Oct. 1, 1993; Acts
1995, 74th Leg., ch. 76, § 13.01, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 200, § 8(f), eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1133, § 6, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 108, § 2, eff. Sept.
1, 2005. Acts 2007, Acts 2007, 80th Leg., R.S., ch. 776 § 1, eff. Sept. 1, 2007; 86th Leg., ch ___, eff. Sept
1, 2019.
Texas Water Safety Act | September 2019 – August 2021 9§ 31.0411. Term of License; Transfer
(a) Except as provided by Subsection (b), a license issued under Section 31.041:
(1) is valid for two years from the date of issuance; and
(2) may not be transferred to another person.
(b) A license issued under Section 31.041 in the name of a business remains valid for
the business location specified on the license if a change of ownership or business name occurs.
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(c) A license issued under Section 31.041 may be transferred to a new address if:
(1) a business moves to another location; and
(2) a change of ownership has not occurred.
Added by Acts 2003, 78th Leg., ch. 200, § 8(g), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, § 7, eff.
Sept. 1, 2003.
§ 31.0412. Licensing Rules
The commission may adopt rules regarding licenses issued under Section 31.041, including
rules:
(1) regarding license transfer procedures;
(2) prescribing application and license agreement forms;
(3) regarding application and renewal procedures;
(4) prescribing reporting and recordkeeping requirements for license holders;
(5) setting fees to be charged for:
(A) a transferred license ($11); or
(B) a replacement license ($4);
(6) prescribing license requirements; and
(7) establishing license revocation and suspension procedures.
Added by Acts 2003, 78th Leg., ch. 200, § 8(g), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, § 7, eff.
Sept. 1, 2003. Amended by Acts 2005, 79th Leg., ch. 108, § 3, eff. Sept. 1, 2005.
§ 31.0413. Exemption From Dealer Licensing Requirements
The dealer licensing provisions of this subchapter do not apply to the sale of a canoe, kayak,
punt, rowboat, rubber raft, paddleboat, or other vessel that is less than 12 feet in length and has a
horsepower rating of five horsepower or less or to the sale of an outboard motor with a manufacturer’s
rating of five horsepower or less.
Added by Acts 2003, 78th Leg., ch. 200, § 8(g), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, § 7, eff.
Sept. 1, 2003.
§ 31.042. Cancellation of Certificates of Number; Grounds
(a) A certificate of number may be cancelled and the identification number voided by the
department even though the action occurs before the expiration date on the certificate and even
though the certificate is not surrendered to the department.
(b) Causes for cancellation of certificates and voiding of numbers include:
(1) surrender of the certificate for cancellation;
(2) issuance of a new number for the same vessel;
(3) false or fraudulent certification in an application for number;
(4) failure to pay the prescribed fee; and
(5) dismantling, destruction, or other change in the form or character of the vessel or
outboard motor so that it is no longer correctly described in the certificate or it no longer meets
the definition of a vessel or outboard motor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1977, 65th Leg., p. 1253,
ch. 484, § 1(d), eff. Sept. 1, 1977; Acts 1993, 73rd Leg., ch. 450, § 13, eff. Sept. 1, 1993; Acts 2003, 78th
Leg., ch. 200, § 8(h), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133, § 8, eff. Sept. 1, 2003.
10 September 2019 – August 2021 | Texas Water Safety Act§ 31.043. Manufacturer’s Identification Number
(a) All vessels manufactured in Texas for sale and all vessels sold, numbered, or titled in
Texas shall carry a manufacturer’s hull identification number clearly imprinted on the structure of
the vessel or displayed on a plate permanently attached to the vessel. Except as required to
comply with Section 31.024 or 31.047, this subsection does not apply to a vessel that is not
required by the United States Coast Guard to have a hull identification number.
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(b) The owner of a vessel that does not have a manufacturer’s hull identification number
may file an application for a hull identification number with the department on forms approved
by it. The application must include a sworn statement describing the vessel, proving legal
ownership, and, if known, stating the reason for the lack of hull identification number. The
application must be signed by the owner of the vessel and must be accompanied by a fee of
$25 and a certificate from a game warden commissioned by the department stating that the
vessel has been inspected by the officer and appears to be as applied for. On receipt of the
application in approved form, the department shall enter the information on the records of its
office and shall issue to the applicant a hull identification number.
(c) No person may intentionally or knowingly destroy, remove, alter, cover, or deface an
outboard motor serial number, the manufacturer’s hull identification number or plate bearing the
hull identification number, or the hull identification number or serial number issued by the
department. No person may possess a vessel with a hull identification number or an outboard
motor with a serial number that has been altered, defaced, mutilated, or removed.
(c-1) No Person may intentionally sell, offer to sell, or purchase a vessel with a hull
identification number, or an outboard motor with a serial number, that has been altered, defaced,
mutilated, or removed.
(d) A person who has a vessel with an altered, defaced, mutilated, or removed hull
identification number or an outboard motor with an altered, defaced, mutilated, or removed serial
number shall file a sworn statement with the department describing the vessel or outboard motor,
proving legal ownership, and, if known, stating the reason for the destruction, removal, or
defacement of the number. The statement must be accompanied by a fee of $25 and a
certificate from a game warden commissioned by the department that the vessel or outboard
motor has been inspected by the officer and appears to be as applied for. On receipt of the
statement in approved form, the department shall enter the information on records of its office
and shall issue to the applicant a hull identification number or outboard motor serial number.
(e) This section does not apply to vessels with a valid marine document issued by the
United States Coast Guard’s National Vessel Documentation Center or a federal agency that is a
successor to the National Vessel Documentation Center.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg.,
p. 1328, ch. 277, § 5, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 267, art. 2, § 5, eff. Sept. 1, 1985; Acts
1993, 73rd Leg., ch. 450, § 14, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1363, § 4, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1099, § 1, eff. Sept. 1, 1999.
§ 31.044. Inspections
A dealer, distributor, or manufacturer may not refuse to allow the department or a peace officer
to inspect a vessel, outboard motor, or records relating to the possession, origination, ownership,
or transfer of a vessel or outboard motor at a dealership or distributor’s or manufacturer’s place
of business during normal business hours.
Added by Acts 2003, 78th Leg., ch. 200, § 8(i), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133,
§ 9, eff. Sept. 1, 2003.
Texas Water Safety Act | September 2019 – August 2021 11SUBCHAPTER B–1. CERTIFICATES OF TITLE FOR
VESSELS AND OUTBOARD MOTORS
§ 31.045. Ownership of Vessels and Outboard Motors; Certificates of Title
(a) The ownership of a vessel or of an outboard motor is evidenced by a certificate of title
issued by the department, unless the vessel or the outboard motor is new.
(b) The ownership of a new vessel or a new outboard motor is evidenced by a
manufacturer’s or an importer’s certificate executed on a form prescribed by the department.
(c) Separate certificates are required for vessels and for outboard motors.
(d) The ownership of a vessel exempted from numbering under Section 31.022(c) of this
code is not required to be evidenced by a certificate of title issued by the department.
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(e) The recorded owner of a vessel or outboard motor shall notify the department not later
than the 20th day after the date:
(1) of the transfer by sale, donation, gift, or other means of all or any part of the owner’s
interest in the vessel or outboard motor; or
(2) of the permanent removal of the vessel or outboard motor from this state to another
state or country.
(f) Notification of a transfer of interest or move to another state or country under
Subsection (e) must be on a form prescribed by the department that includes the name and
address of the new owner and, as applicable:
(1) the vessel’s certificate of number; and
(2) the serial number of the outboard motor.
(g) If a vessel or outboard motor for which the department has issued a certificate of title
is destroyed or disposed of in a manner not described by Subsection (e), the recorded owner
shall notify the department not later than the 20th day after the date of the destruction or
disposal and shall surrender to the department the certificate of title.
(h) On receipt of notice under Subsection (e) or (g), the department shall cancel the title
and enter the cancellation in the department’s records.
(i) A recorded owner who fails to file notification in accordance with Section 31.037 or
this section:
(1) is subject to the penalties under Section 31.127; and
(2) is subject to the removal costs under Section 40.108, Natural Resources Code, and
penalties under Chapter 40, Natural Resources Code, as the person considered responsible for
an abandoned vessel or outboard motor.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff. Sept. 1, 1977. Amended by Acts 1993, 73rd
Leg., ch. 450, § 16, eff. Sept. 1, 1993.
§ 31.046. Application for Certificate of Title
(a) Except as provided in Subsections (b) and (c) of this section, the purchaser of a
vessel or an outboard motor shall apply to the department or to a county tax assessor-collector
for a certificate of title not later than the 45th day after the date of the sale of the vessel or
outboard motor.
(b) A manufacturer or a dealer who sells a vessel or an outboard motor to a person other
than a manufacturer or a dealer shall apply to the department or to a county tax assessor-
collector for a certificate of title for the vessel or outboard motor in the name of the purchaser
not later than the 45th day after the date of the sale.
(c) A dealer who acquires a vessel or an outboard motor, other than a new vessel or
outboard motor, is not required to apply for a certificate of title in the name of the dealer, but on
resale of the vessel or outboard motor shall apply for the subsequent purchaser under
Subsection (b) of this section and shall submit to the department or to a county tax assessor-
collector the endorsed certificate of title acquired by the dealer.
12 September 2019 – August 2021 | Texas Water Safety Act(d) The department or county tax assessor-collector may not issue a certificate of title
unless the tax due on the vessel or outboard motor under Chapter 160, Tax Code, is paid.
Added by Acts 1977, 65th Leg., p. 1253, ch. 484, § 1(e), eff. Sept. 1, 1977. Amended by Acts 1979, 66th
Leg., p. 1353, ch. 607, § 4, eff. Aug. 27, 1979; Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 7.06, eff. Oct. 1,
1991; Acts 1993, 73rd Leg., ch. 450, § 16, eff. Sept. 1, 1993; 86th Leg., ch.___, eff. Sept. 1, 2019.
§ 31.0465. Appeal Regarding Certificate of Title; Bond; Rules
(a) An applicant for a certificate of title under Section 31.046 may appeal the
department’s refusal to issue the title by filing a bond with the department as provided by this
section.
(b) A bond filed under this section must be:
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(1) in the form prescribed by the department;
(2) executed by the applicant;
(3) issued by a person authorized to act as a surety business in this state;
(4) in an amount equal to 1-1/2 times the value of the vessel or outboard motor as
determined by the department; and
(5) conditioned to indemnify all prior owners and lienholders and all subsequent
purchasers of the vessel or outboard motor or persons who acquire a security interest in the
vessel or outboard motor, and their successors in interest, against any expense, loss, or damage,
including reasonable attorney’s fees, resulting from:
(A) the issuance of the certificate of title for the vessel or outboard motor; or
(B) a defect in or undisclosed security interest in the right, title, or interest of the
applicant to or in the vessel or outboard motor.
(c) The department may issue the certificate of title to the person filing the bond if the
applicant proves to the satisfaction of the department that:
(1) the vessel or outboard motor is not stolen; and
(2) issuance of a certificate of title would not defraud the owner or a lienholder of the
vessel or outboard motor.
(d) A person described by Subsection (b)(5) has a right of action to recover on the bond
for a breach of a condition of the bond described by
Subsection (b)(5). The aggregate liability of the surety to all persons may not exceed the amount
of the bond.
(e) A bond filed under this section expires on the third anniversary of the date the bond
became effective. The department shall return an expired bond to the person who filed the bond
unless the department has been notified of a pending action to recover on the bond.
(f) On return of a bond under Subsection (e), the department shall issue a certificate of
title to the person to whom the bond is returned.
(g) In addition to the situation described by Subsection (c), the commission by rule may
define acceptable situations in which certificates of title may be issued after the filing of a bond
under this section.
Added by Acts 2003, 78th Leg., ch. 200, § 8(j), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1133,
§ 10, eff. Sept. 1, 2003.
Sec. 31.0466. Title For Abandoned Vessel; Bond
(a) A person may apply for a certificate of title for an abandoned vessel or outboard
motor found on the person’s property.
(b) The department may cancel the certificate for the abandoned vessel or outboard
motor and issue a new certificate to the applicant if the applicant:
(1) executes and files a bond with the department:
(A) in the form prescribed by the department;
Texas Water Safety Act | September 2019 – August 2021 13(B) issued by a person authorized to act as a surety business in this state;
(C) in an amount equal to 1-1/2 times the value of the abandoned vessel or outboard
motor as determined by the department; and
(D) conditioned to indemnify all prior owners and lienholders and all subsequent
purchasers of the abandoned vessel or outboard motor or persons who acquire a security interest
in the vessel or outboard motor, and their successors in interest, against any expense, loss, or
damage, including reasonable attorney’s fees, resulting from:
(i) the issuance of the certificate of title for the abandoned vessel or outboard motor;
or
(ii) a defect in or undisclosed security interest in the right, title, or interest of the
applicant to or in the abandoned vessel or outboard motor;
TITLING
(2) proves to the satisfaction of the department that:
(A) the abandoned vessel or outboard motor is not stolen;
(B) issuance of a certificate of title would not defraud the owner or a lienholder of the
abandoned vessel or outboard motor;
(C) at least 30 days before the applicant applied for the certificate, the applicant
contacted the applicant’s local law enforcement agency through certified mail to report that the
vessel or outboard motor is abandoned; and
(D) the local law enforcement agency has not taken the abandoned vessel or
outboard motor into custody or informed the applicant of the agency’s intent to take the
abandoned vessel or outboard motor into custody; and
(3) posts notice of the certificate of title application in the manner and for a period of
time designated by rule by the department.
(c) A person described by Subsection (b)(1)(D) has a right of action to recover on the
bond for a breach of a condition of the bond described by Subsection (b)(1)(D). The aggregate
liability of the surety to all persons may not exceed the amount of the bond.
(d) A bond filed under this section expires on the third anniversary of the date the bond
became effective. The department shall return an expired bond to the person who filed the bond
unless the department has been notified of a pending action to recover on the bond.
(e) On return of a bond under Subsection (d), the department shall issue a certificate of
title to the person to whom the bond is returned.
(f) If an abandoned vessel or outboard motor is not claimed before the department
issues a certificate of title under this section, the owner or lienholder waives all rights and
interests in the abandoned vessel or outboard motor and consents to the cancellation of the
certificate for the abandoned vessel or outboard motor.
(g) The applicant for the certificate of title for the abandoned vessel or outboard motor
takes title free and clear of all liens and claims of ownership.
(h) In addition to the situation described by Subsection (b)(2), the commission by rule
may define acceptable situations in which certificates of title may be issued after the filing of a
bond under this section.
(i) This section does not apply to a vessel or outboard motor that is subject to a contract
or lien under Chapter 59 or 70, Property Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 720 (H.B. 787), Sec. 2, eff. September 1, 2011.
§ 31.047. Application; Form and Content; Fee
(a) A person may apply for a certificate of title on a form prescribed by the department.
(b) The form must contain:
(1) the owner’s name, address, and owner identifier as prescribed by 33 C.F.R. Section
174.17;
(2) a description of the vessel or outboard motor, including, as appropriate, the
manufacturer, make, model, year, length, construction material, manufacturer’s or builder’s
14 September 2019 – August 2021 | Texas Water Safety ActYou can also read
